MATTER OF GAGLIARDI


55 N.Y.2d 109 (1982)

In the Matter of The Estate of John Gagliardi, Deceased. Giovani Gagliardi et al., as Executors of John Gagliardi, Deceased, Respondents; Gigino Gagliardi et al., Appellants.

Court of Appeals of the State of New York.

Decided February 16, 1982.


Attorney(s) appearing for the Case

Harry D. Graham for appellants.

David M. Barnovitz and Harold A. Kleinfeld for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER and MEYER concur; Judge JONES taking no part.


FUCHSBERG, J.

Essentially, the issue on this appeal boils down to whether a trust provision in a conveyance of realty, in view of its passive nature, in legal and equitable contemplation vested all interests in the property in the settlor-trustee or in the cestuis que trust.

The trust with which we treat originated on October 1, 1974, when, pursuant to the instructions of John Gagliardi, who had...

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